Bill Text: TX SB899 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to increasing the punishment for an offense committed against a person because of the person's status as a peace officer, a firefighter, or emergency medical services personnel.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-01 - Referred to Criminal Justice [SB899 Detail]
Download: Texas-2017-SB899-Introduced.html
85R10942 KJE-D | ||
By: Huffman | S.B. No. 899 |
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relating to increasing the punishment for an offense committed | ||
against a person because of the person's status as a peace officer, | ||
a firefighter, or emergency medical services personnel. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 6.08(a), (b), and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) At any proceeding in which the defendant appears in | ||
constitutional county court, statutory county court, or district | ||
court that is related to an offense under Title 5, Penal Code, or | ||
Section 28.02, 28.03, or 28.08, Penal Code, in which it is alleged | ||
that the defendant committed the offense for a purpose or reason | ||
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person may request the court to render a protective order under | ||
Title 4, Family Code, for the protection of the person. | ||
(b) The court shall render a protective order in the manner | ||
provided by Title 4, Family Code, if, in lieu of the finding that | ||
family violence occurred and is likely to occur in the future as | ||
required by Section 85.001, Family Code, the court finds that | ||
probable cause exists to believe that an offense under Title 5, | ||
Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, | ||
occurred, that the defendant committed the offense for a purpose or | ||
reason described by Article 42.014 [ |
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and that the nature of the scheme or course of conduct engaged in by | ||
the defendant in the commission of the offense indicates that the | ||
defendant is likely to engage in the future in conduct prohibited by | ||
Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, | ||
and committed for a purpose or reason described by Article 42.014 | ||
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(c) The procedure for the enforcement of a protective order | ||
under Title 4, Family Code, applies to the fullest extent | ||
practicable to the enforcement of a protective order under this | ||
article, including provisions relating to findings, contents, | ||
duration, warning, delivery, law enforcement duties, and | ||
modification, except that: | ||
(1) the printed statement on the warning must refer to | ||
the prosecution of subsequent offenses committed for a purpose or | ||
reason described by Article 42.014 [ |
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(2) the court shall require a constable to serve a | ||
protective order issued under this article; and | ||
(3) the clerk of the court shall forward a copy of a | ||
protective order issued under this article to the Department of | ||
Public Safety with a designation indicating that the order was | ||
issued to prevent offenses committed for a purpose or reason | ||
described by Article 42.014 [ |
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SECTION 2. Article 42.014, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (d) to | ||
read as follows: | ||
(a) In the trial of an offense under Title 5, Penal Code, or | ||
Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an | ||
affirmative finding of fact and enter the affirmative finding in | ||
the judgment of the case if at the guilt or innocence phase of the | ||
trial, the judge or the jury, whichever is the trier of fact, | ||
determines beyond a reasonable doubt that the defendant | ||
intentionally selected the person against whom the offense was | ||
committed, or intentionally selected the person's property that was | ||
damaged or affected as a result of the offense, because of: | ||
(1) the defendant's bias or prejudice against a group | ||
identified by race, color, disability, religion, national origin or | ||
ancestry, age, gender, or sexual preference; or | ||
(2) the person's status as a peace officer, a | ||
firefighter, or emergency medical services personnel. | ||
(d) In this article: | ||
(1) "Emergency medical services personnel" has the | ||
meaning assigned by Section 773.003, Health and Safety Code. | ||
(2) "Firefighter" means a person who is a paid or | ||
volunteer firefighter. | ||
SECTION 3. Section 22.111, Government Code, is amended to | ||
read as follows: | ||
Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO | ||
PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court of | ||
criminal appeals shall provide to prosecuting attorneys training | ||
related to the use of Section 12.47, Penal Code, and Article 42.014, | ||
Code of Criminal Procedure, for enhancing punishment on a finding | ||
that an offense was committed for a purpose or reason described by | ||
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Article 42.014, Code of Criminal Procedure. | ||
SECTION 4. Section 12.47, Penal Code, is amended to read as | ||
follows: | ||
Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR | ||
PREJUDICE. (a) If an affirmative finding under Article 42.014, | ||
Code of Criminal Procedure, is made in the trial of an offense other | ||
than a first degree felony or a Class A misdemeanor, the punishment | ||
for the offense is increased to the punishment prescribed for the | ||
next highest category of offense. If the offense is a Class A | ||
misdemeanor, the minimum term of confinement for the offense is | ||
increased to 180 days. | ||
(b) This section does not apply to the trial of: | ||
(1) an offense of injury to a disabled individual | ||
under Section [ |
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under Article 42.014, Code of Criminal Procedure, shows that the | ||
defendant intentionally selected the victim because the victim was | ||
disabled; or | ||
(2) an offense for which the punishment is subject to | ||
enhancement based on the victim's status as a peace officer, a | ||
firefighter, or emergency medical services personnel. | ||
(c) [ |
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prosecuting attorney, may assist the prosecuting attorney in the | ||
investigation or prosecution of an offense committed for a purpose | ||
or reason described by Article 42.014, Code of Criminal Procedure | ||
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designate one individual in the division of the attorney general's | ||
office that assists in the prosecution of criminal cases to | ||
coordinate responses to requests made under this subsection. | ||
(d) In this section: | ||
(1) "Emergency medical services personnel" and | ||
"firefighter" have the meanings assigned by Article 42.014, Code of | ||
Criminal Procedure. | ||
(2) "Peace officer" has the meaning assigned by | ||
Article 2.12, Code of Criminal Procedure. | ||
SECTION 5. Section 25.071(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if, in violation of an order | ||
issued under Article 6.08, Code of Criminal Procedure, the person | ||
knowingly or intentionally: | ||
(1) commits an offense under Title 5 or Section 28.02, | ||
28.03, or 28.08 and commits the offense for a purpose or reason | ||
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of Criminal Procedure; | ||
(2) communicates: | ||
(A) directly with a protected individual in a | ||
threatening or harassing manner; | ||
(B) a threat through any person to a protected | ||
individual; or | ||
(C) in any manner with the protected individual, | ||
if the order prohibits any communication with a protected | ||
individual; or | ||
(3) goes to or near the residence or place of | ||
employment or business of a protected individual. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 7. This Act takes effect September 1, 2017. |